Knowing some concrete things can help in deciding the filing of the divorce application.
Couples are believed to be made in heaven. Usually, this is what the partner feels when bonding in a marital relationship, but many times soon the relationship gets suffocated and boring. A legal process is required to break this relationship apart from any other relationship. By applying for divorce, the husband and wife can end the mutual relationship both socially and legally. However, the Court is one of the few such things that make most Indians nervous. Knowing some concrete things can help in deciding the filing of the divorce application.
Firstly think and Then decide(The Rules of Divorce)
There are two ways of divorce in the country, one is a divorce by mutual consent and the other is a unilateral application. Firstly, the relationship ends happily with both of them. There are no such things as debate, accusation, and counter-accusation on each other, because of this it is relatively easy to get out of this very important relationship. Some special things have to be taken care of in divorce with mutual consent. Alimony is the most important.
If one of the spouses is financially dependent on the other, then after the divorce, the competent partner has to pay alimony to the other for survival. There is no limit to this allowance, it depends on the mutual understanding and needs of both the parties. In the same way, if there are children from the marriage, then the custody of children is also an important issue. Child custody can be shared or mixed.
Also Read : Reasons for divorce in India
How can one appeal? (The Rules of Divorce)
For divorce by mutual consent only if the husband and wife are living separately for a year. First, both parties have to file a petition in the court. In the second phase, different statements of both the parties are taken and the signature is formalized. In the third phase, the court gives 6 months to both of them so that they can think again about their decision. At times during this time, there is reconciliation and the houses settle down again. After six months, both sides are again called to court. At the same time, if the decision changes, there are different formalities. In the last phase, the court gives its verdict and the end of the relationship gets a legal stamp.
The difficulties of unilateral divorce?(The Rules of Divorce)
This route is relatively difficult. There is a conflict between the two sides, there are legal complications. However, on certain grounds, one of the husband or wife can file for divorce in the court. In this, sex outside the marriage, physical-mental cruelty, staying apart for two years or more, serious sexual diseases, mental illness, religious conversion are some of the main reasons. Apart from these, the wife has also been given some special rights for divorce. For example, if a husband commits rape or unnatural sex, a second marriage without divorce from the first wife, or if the woman is married before the age of 18, then the marriage can be invalidated.
Before getting divorced, think many times because it is one of the most important relationships in life. However, it is equally true that no relationship is important to live. After deciding the divorce, meet the lawyer and decide its basis. Due to which, sufficient proof must be obtained for wanting a divorce. Lack of evidence may weaken the case and make the process more difficult. After giving the application, notice is given to the other party from the court.
After this, if both parties are present in the court, then the first attempt is to settle the matter after hearing the whole matter from the court. If it is not, then it states in writing in the court. Hearing begins in court after written action. This may take more or less time depending on the complexity of the case. Sometimes the cases get pulled for many years.